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Raj Kumar Makkad   14 September 2009 at 21:37

Dismissal in probation period

A was working in an un-aided school affiliated with CBSE. As per appointment letter, he had to complete his probation period on 31.03.2009 and it was also spefically written in that letter that on successful completion of his probation, he shall be confirmed. A term was also therein which provided that if either of the party wants to relinquish the job, one month notice/notice pay is mandatory. A was suddenly provided a letter intimating him that as per terms of appointment, he is being releived on 31.03.2009. A filed a civil suit for injunction and a stay was also granted in his favour on 29.03.2009 vide which respondent management was directed not to relieve him till next date of hearing but despite of this A was releived on 31.03.2009.

Contemp of court petition is pending. Suit was also amended and dismissal was challenged.

My quarry is:

1. whether the court can re-instate A with all terminal benefits in service even if impugned order is found illegal?

2. Is a contract of service in private unaided recognised school is not enforceable, if yes, any citation?

3. Whether knowledge to counsel of the party is not sufficient to establish that the respondents were in the knowledge of the court order?

4. Whether admission of some of the facts by respondents either in written statement or in their evidence is needed to be proved by plaintiff?riven

Adv. Deepak   14 September 2009 at 20:53

Maintenance Case CrPC 125

Respondent remained absent when the matter was kept for his evidence. Thereafter, he did not attend the court because of his personal reasons as he was jobless. Now the court has closed the evidence of the repondent stating that he has not availed the opportunity. The matter is posted for arguments. Can Respondent advance his argument? Will court admit it. If written argument is submitted and any document for his income proof is attached to it, will court consider it while passing the final order? Will court ask to show cause why he has remained absent so far? Request the Respected Experts may kindly advise me suitably. Regards. Adv. Deepak.riven

Jatinder Ahuja   14 September 2009 at 20:12

FIR

CAN WE FOUND REGISTERED FIRs' ON THE NET?riven

Soumitra Chawathe   14 September 2009 at 20:06

Succession

A Brother say "A" died intestate having one flat. He has two sisters "B" and "C" and another brother "D". "A" was unmarried. "D" was married, but a few years later, "D" also died. Both the sisters decide to sell the flat and as a part of the procedure apply for heirship certificate of "A"'s flat and get the same in a few months. Can "D"'s wife also claim stake in the procceds which the sisters would receive after selling the property? If yes as per which law?riven

Abhinay Kumar Shaw   14 September 2009 at 19:18

Important & Immediate

A person who has taken my sign on a blank paper by mentally pressure.
Now his lawyer send me a demands notice of Rs. 25,000.00 with a Interest @ 24%.
What can I do.riven

Abhishek   14 September 2009 at 18:58

section 309 of ipc

suicide should be an offence or not?riven

Sudharsan.m   14 September 2009 at 18:26

service tax

Does service tax is liable for leasing the home appliances like furnitures? is there any SC judgement on this aspect?riven

Anjana   14 September 2009 at 15:28

residential property on company name.

Hi,

Can a private limited company buy residential property on company name.

Thanksriven

rahul pandey   14 September 2009 at 14:09

labour law

can permanent employees be replaced by contract labours?riven

muthukumar   14 September 2009 at 14:00

edible oil query

Under Rule 42(O) of Food Adulteration Rules there is no specification of grade mark when compared to edible vegitable oil. so, pls clarify on this aspect since your explanation is with regard to Blended Edible Vegitable Oil, which is different from belnding of groundnut and palmolein Oil.
riven



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